S and N v T

The Full Court of the Supreme Court of New South Wales heard an appeal concerning the dispensation of consent in adoption proceedings. The appellants, S and N, sought to adopt a child, but the child's mother, T, refused to consent to the adoption. The primary judge had granted the application to dispense with T's consent, and T appealed this decision.

The central legal issue before the Full Court was the appropriate standard of satisfaction the primary judge was required to apply when considering whether to dispense with a parent's consent to an adoption. The Court also considered the nature of the hearing at which such a decision is made, particularly in light of the statutory framework governing adoptions in New South Wales.

The Full Court clarified that the standard of satisfaction required for dispensing with consent is not a mere balance of probabilities, but rather a higher standard akin to that of being "satisfied" that the grounds for dispensing with consent have been made out. This involves a comprehensive assessment of all relevant circumstances, with a paramount consideration being the welfare of the child. The Court emphasised that the hearing is not a mere formality but a critical judicial determination requiring careful consideration of the evidence and the statutory provisions. The Court found that the primary judge had applied the correct legal principles and the evidence supported the decision to dispense with the mother's consent.

The appeal was dismissed.